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BUSINESS PRACTICES AND CONSUMER PROTECTION ACT CHAPTER 2 [SBC 2004] [includes 2017 Bill 9, c. 10 amendments (effective November 2, 2017)] Contents PART 1 Definitions and Application 1. Definitions 2. Application of this Act 3. Waiver or release void except as permitted PART 2 Unfair Practices Division 1 Deceptive Acts or Practices 4. Deceptive acts or practices 5. Prohibition and burden of proof 6. Advertising Division 2 Unconscionable Acts or Practices 7. Application of this Division 8. Unconscionable acts or practices 9. Prohibition and burden of proof 10. Remedy for an unconscionable act or practice Division 3 Unsolicited Goods or Services 11. Definition and interpretation 12. Unsolicited goods or services 13. Material change resulting in unsolicited goods or services 14. Consumer's remedy if unsolicited goods or services PART 3 Rights of Assignees and Guarantors Respecting Consumer Credit 15. Assignee's obligations 16. Guarantor has same rights as consumer PART 4 Consumer Contracts Division 1 Definitions and Application 17. Definitions 18. Application Division 2 Direct Sales, Future Performance and Time Share Contracts 19. Required contents 2 [SBC 2004] Page 2 of 124 Quickscribe Services Ltd.
20. Direct sales contracts 21. Direct sales contract cancellation 22. Credit agreement respecting direct sales contract 23. Future performance contract 24. Continuing services contract terms 25. Continuing services contract cancellation 26. Time share contract 27. Refunds by supplier on cancellation 28. Return of goods by consumer on cancellation Division 3 Preneed Cemetery or Funeral Services, Funeral and Interment Right Contracts 29. Definition 30. Prohibition on solicitation 31. Requirement for schedule of rates 32. Requirement to give accurate information 33. Prohibited charges respecting containers 34. Funeral contract 35. Preneed cemetery or funeral services contract initial disclosure statement 36. Preneed cemetery or funeral services contract 37. Special provisions for right of interment 38. Preneed cemetery or funeral services contracts refunds on cancellation 39. Preneed cemetery or funeral services contract failure to provide services 40. Money received under contract to be held in trust 41. Funds exempt from seizure 42. Restrictions on representations respecting right of interment 43. Interment right contract 44. Rights not held by interment right holder 45. Refunds by supplier on cancellation Division 4 Distance Sales Contracts 46. Disclosure of information 47. Distance sales contract in electronic form 48. Copy of distance sales contract 49. Cancellation of distance sales contract 50. Refunds by supplier on cancellation 51. Return of goods by consumer on cancellation 52. Consumer's recourse regarding credit card charges Division 5 General 53. When goods and services supplied 54. How to give notice of cancellation 55. Recovery of refund 56. Cancellation of preauthorized payments PART 4.1 Prepaid Purchase Cards 2 [SBC 2004] Page 3 of 124 Quickscribe Services Ltd.
56.1 Definitions 56.2 No expiry date 56.3 Fees prohibited except as permitted by regulation 56.4 Information to be provided 56.5 Regulations respecting prepaid purchase cards PART 5 Disclosure of the Cost of Consumer Credit Division 1 Definitions and Application 57. Definitions 58. Application of this Part Division 2 Advertising 59. Disclosure in advertisements 60. Advertising requirements applicable to fixed credit 61. Advertising requirements applicable to open credit 62. Advertising interest-free periods 63. Advertising requirements applicable to leases 64. Advertising a representative transaction Division 3 Disclosure Requirements Applicable to All Credit Agreements 65. Definitions 66. Disclosure statements must be given 67. Form of disclosure statements and statements of account 68. Giving of documents if multiple borrowers 69. Estimates and assumptions 70. Inconsistency between disclosure statement and credit agreement Division 4 Rights and Obligations of Borrowers and Credit Grantors 71. Borrowers may choose insurer 72. Borrowers entitled to mortgage discharge 73. Borrowers may cancel optional services 74. Prepayment of credit 75. Default charges 76. Invitation to defer payment 77. Acceleration clauses Division 5 Credit Arranged by Loan Brokers 78. Definition 79. Non-business credit grantors 80. Business credit grantors Division 6 Disclosure Required in Relation to Fixed Credit 81. Definition 82. Application of this Division 83. Credit sales 2 [SBC 2004] Page 4 of 124 Quickscribe Services Ltd.
84. Initial disclosure statements for fixed credit 85. Disclosure regarding changes in interest rate 86. Disclosure regarding increases in outstanding principal 87. Disclosure regarding amendments 88. Disclosure regarding renewals 89. Disclosure regarding mortgage loan renewals Division 7 Disclosure Required in Relation to Open Credit 90. Application of this Division 91. Initial disclosure statements for open credit 92. Statements of account 93. Description of transactions, charges, payments or credits Division 8 Credit Cards 94. Definitions 95. Application of this Division 96. Credit cards may be issued only on application 97. Applications for credit cards 98. Additional disclosure for credit cards 99. Limitation of cardholder's liability Division 9 Leases of Goods 100. Definitions 101. Disclosure required in relation to leases 102. Maximum liability under residual obligation leases Division 10 General 103. Definitions 104. Refund of overpayment 105. Credit grantor must compensate borrower for contravention PART 6 Credit Reporting 106. Definitions 107. Consent for report 108. To whom reports may be given 109. Contents of reports 110. Notice of denial of benefit or increase of cost of benefit 111. Explanation 112. False or misleading information PART 6.1 Payday Loans 112.01 Definitions 112.02 Limits on total cost of borrowing payday loans 112.03 Prohibitions respecting interest charges 112.04 Fees, penalties and charges prohibited unless allowed by regulation 112.05 Payday loan cancellation rights 2 [SBC 2004] Page 5 of 124 Quickscribe Services Ltd.
112.06 Payday loan agreements: required terms and disclosure statements 112.07 Application of payments, entitlement to prepay loan and receipts for payments 112.08 Other prohibited payday lender practices 112.09 Payout in balances on cash cards 112.10 Remedies 112.11 Application of Part 6.1 to savings institutions PART 7 Debt Collection BUSINESS PRACTICES AND CONSUMER PROTECTION ACT Division 1 Prohibited Debt Collection Practices 113. Definition 114. Harassment 115. Disclosure to debtor 116. Communication with debtor 117. Communication with persons other than debtor 118. Time of communication 119. Cost of communication 120. Collection from person not liable for debt or in excess of amount of debt 121. Legal proceedings 122. Removal, seizure, repossession and distress 123. False or misleading information and misrepresentations 124. Additional prohibited practices Division 2 Collection Agents and Debt Repayment Agents 125. Definitions 126. Accounting for and payment of money collected 127. Debt repayment agent 128. Collection agent and bailiff fees and disbursements PART 8 Compensation Funds and Consumer Advancement Fund Division 1 Compensation Funds 129. Definition 130. Establishment and continuation of compensation funds 131. Payments to compensation fund 132. Claims against compensation fund 133. Payments from compensation fund 134. Assignment of rights 135. Claimant must repay compensation fund for money received from another source 136. Contributor must repay compensation fund for claims caused by contributor 137. Powers and duties of director 138. If administrative authority is director Division 2 Consumer Advancement Fund 139. Establishment of Consumer Advancement Fund 140. Payments from Consumer Advancement Fund 2 [SBC 2004] Page 6 of 124 Quickscribe Services Ltd.
141. If administrative authority is director PART 9 Licences 142. Definition 142.1 Designated activities 143. Licence required 144. Application for licence 145. Licences 146. Actions by director respecting licence 147. Opportunity to be heard and reconsideration 148. Trust account required by licensee PART 10 Inspections and Enforcement Division 1 Inspections 149. Inspections 150. Inspection powers 151. Inspection powers additional powers of director 152. Inspection under warrant 153. Records or things retained Division 2 Undertakings, Compliance Orders and Direct Sales Prohibition Orders 154. Undertakings 155. Compliance orders 156. Direct sales prohibition orders 157. Filing undertakings or orders in Supreme Court Division 3 Appointment of Receivers and Property Freezing Orders 158. Receivers and trustees 159. Order to freeze property 160. Payment into court 161. Notice filed in land title office 162. Application to court respecting property freezing order or filed notice 163. Application to court for disposition of property frozen Division 4 Administrative Penalties 164. Administrative penalties 165. Amount of penalty 166. Notice of penalty 167. Due date of penalty 168. Enforcement of administrative penalty 169. Revenue from administrative penalties 170. Limitation period Division 5 Court Proceedings 171. Damages recoverable 2 [SBC 2004] Page 7 of 124 Quickscribe Services Ltd.
172. Court actions respecting consumer transactions 173. Notice to director PART 11 Administration 174. Definition 175. Director 176. Inspector 177. Administrative agreement with administrative authority required 178. Designation does not make administrative authority an agent of the government 179. Power of administrative authority to set fees PART 12 General BUSINESS PRACTICES AND CONSUMER PROTECTION ACT Division 1 Reconsiderations 180. Definition 181. Reconsideration by director 182. Powers of director on reconsideration Division 2 How to Give or Serve Documents 183. How to give or serve documents generally 184. When documents are considered to have been received Division 3 Disclosure of Information and Evidence in Proceedings 185. Confidentiality 186. Publication by director 187. Admissibility of parole evidence 188. Certificate as proof of ministerial consent or appointment PART 13 Offences and Penalties 189. Offences 190. Penalty 191. Additional penalty Consumer Advancement Fund 192. Compensation to consumer 193. Limitation period PART 14 Regulations 194. General power to make regulations 195. Preneed cemetery or funeral services, funeral and interment right contracts 196. Disclosure of the cost of consumer credit 197. Credit reporting 197.1 Payday loans 198. Compensation funds 199. Licences 200. Administrative penalties 201. Authority in relation to regulations PART 15 Transitional Provisions and Repeals 2 [SBC 2004] Page 8 of 124 Quickscribe Services Ltd.
202. Definitions 203. Transitional contracts 203.01 Transitional prepaid purchase cards 203.1 Repealed 204. Transitional exemption from section 40 for Gardens of Gethsemani 205. Transitional trust accounts 206. Transitional claims under the Travel Assurance Fund 207. Transitional for Part 5 disclosure of the cost of consumer credit 208. Transitional licences issued under the former Acts 208.1 Transitional debt pooler licence 209. Transitional enforcement 210. Transitional persons acting under former Acts 211. Transitional regulations 212. Repeals Consequential Amendments Commencement 2 [SBC 2004] Page 9 of 124 Quickscribe Services Ltd.
(AM) Nov 01/08 (ADD) Nov 01/09 (ADD) Nov 01/08 PART 1 Definitions and Application Definitions 1. (1) Definitions "administrative authority" means the Business Practices and Consumer Protection Authority established under the Business Practices and Consumer Protection Authority Act; "administrative penalty" means a penalty imposed under section 164; "associate", if used to indicate a relationship with a person, means a spouse, parent, child, sibling or business partner of the person, or a corporation of which a sufficient number of shares to elect a majority of the corporation's directors is beneficially owned, directly or indirectly, by (i) the person, (ii) one or more of the persons referred to in paragraph, or (iii) the person and one or more of the persons referred to in paragraph ; "compensation fund" means a compensation fund established under section 130 or the Travel Assurance Fund continued under section 130; "compliance order" means an order issued under section 155 by an inspector; "consumer" means an individual, whether in British Columbia or not, who participates in a consumer transaction, but does not include a guarantor; "Consumer Advancement Fund" means the Consumer Advancement Fund established under section 139; "consumer transaction" means a supply of goods or services or real property by a supplier to a consumer for purposes that are primarily personal, family or household, or a solicitation, offer, advertisement or promotion by a supplier with respect to a transaction referred to in paragraph, and, except in Parts 4 and 5, includes a solicitation of a consumer by a supplier for a contribution of money or other property by the consumer; "direct sales prohibition order" means an order issued under section 156 by the director; "director", except in reference to a director of a corporation, means, subject to the restrictions specified in a designation, the individual or administrative authority designated under section 175 as director; "goods" means personal property, fixtures, credit and prepaid purchase cards, but does not include a security as defined in the Securities Act or contracts of insurance under the Insurance Act; "goods or services" means goods or services or both; "inspector" means the director or a person designated as an inspector under section 176; "licence" means a licence issued under section 145 and includes a renewal of the licence; "payday loan" has the meaning given to it in section 112.01 [definitions]; "prepaid purchase card" has the meaning given to it in section 56.1 [definitions]; "private dwelling" means a structure that is occupied as a private residence, or if only part of a structure is occupied as a private residence, that part of the structure; "property freezing order" means an order made under section 159 (2) by the director; "publish" means make public in any manner, including by or through any media; 2 [SBC 2004] Page 10 of 124 Quickscribe Services Ltd.
(AM) Jan 01/05 "services" means services, whether or not the services are together with or separate from goods, and includes a membership in a club or organization; "supplier" means a person, whether in British Columbia or not, who in the course of business participates in a consumer transaction by supplying goods or services or real property to a consumer, or soliciting, offering, advertising or promoting with respect to a transaction referred to in paragraph of the definition of "consumer transaction", whether or not privity of contract exists between that person and the consumer, and includes the successor to, and assignee of, any rights or obligations of that person and, except in Parts 3 to 5 [Rights of Assignees and Guarantors Respecting Consumer Credit; Consumer Contracts; Disclosure of the Cost of Consumer Credit], includes a person who solicits a consumer for a contribution of money or other property by the consumer; "supply" includes, in respect of the supply of goods or services or real property to a consumer, a sale, lease, assignment, award by chance or other disposition; "time share contract" means a contract by which the consumer acquires the right to use property, whether or not the property is located in British Columbia, for a period of time each year or other interval, and as part of a plan that provides for the use of the property to circulate, in any year or other interval, among persons participating in the plan, but does not include a time share plan as defined in the Real Estate Development Marketing Act; "total cost of credit" has the meaning given to it in section 57 [definitions]; "total price" means the total obligation or amount that is payable, given, undertaken or assumed by a consumer under a consumer transaction; "undertaking" means an undertaking accepted under section 154 by the director. (2) Subject to subsection (3), the definitions in the Cremation, Interment and Funeral Services Act, except where a contrary definition is set out in this Act or the regulations, apply to this Act. (3) The definition of "register" in the Cremation, Interment and Funeral Services Act does not apply to this Act. 2004-2-1; 2004-41-48; 2008-15-1 (B.C. Reg. 292/2008); 2007-35-1 (B.C. Regs. 57/2009 & 171/2009). Application of this Act 2. (1) Parts 6 [Credit Reporting] and 7 [Debt Collection] apply to transactions, matters or things, regardless of whether they involve a consumer. (2) Except for the following, this Act does not apply to a sale, lease, mortgage of or charge on land or a chattel real: Parts 2 [Unfair Practices] and 5 [Disclosure of the Cost of Consumer Credit]; Waiver or release void except as permitted section 3 and Parts 3 [Rights of Assignees and Guarantors Respecting Consumer Credit], 8 to 10 [Compensation Funds and Consumer Advancement Fund; Licences; Inspections and Enforcement], 13 [Offences and Penalties] and 14 [Regulations], as those Parts relate to Parts 2 and 5. 2004-2-2. 3. Any waiver or release by a person of the person's rights, benefits or protections under this Act is void except to the extent that the waiver or release is expressly permitted by this Act. 2004-2-3. 2 [SBC 2004] Page 11 of 124 Quickscribe Services Ltd.
PART 2 Unfair Practices Division 1 Deceptive Acts or Practices Deceptive acts or practices 4. (1) In this Division: "deceptive act or practice" means, in relation to a consumer transaction, an oral, written, visual, descriptive or other representation by a supplier, or any conduct by a supplier that has the capability, tendency or effect of deceiving or misleading a consumer or guarantor; "representation" includes any term or form of a contract, notice or other document used or relied on by a supplier in connection with a consumer transaction. (2) A deceptive act or practice by a supplier may occur before, during or after the consumer transaction. (3) Without limiting subsection (1), one or more of the following constitutes a deceptive act or practice: a representation by a supplier that goods or services (i) (ii) (iii) (iv) (v) (vi) (vii) have sponsorship, approval, performance characteristics, accessories, ingredients, quantities, components, uses or benefits that they do not have, are of a particular standard, quality, grade, style or model if they are not, have a particular prior history or usage that they do not have, including a representation that they are new if they are not, are available for a reason that differs from the fact, are available if they are not available as represented, were available in accordance with a previous representation if they were not, are available in quantities greater than is the fact, or (viii) will be supplied within a stated period if the supplier knows or ought to know that they will not; a representation by a supplier (i) (ii) (iii) (iv) (v) (vi) that the supplier has a sponsorship, approval, status, affiliation or connection that the supplier does not have, that a service, part, replacement or repair is needed if it is not, that the purpose or intent of a solicitation of, or a communication with, a consumer by a supplier is for a purpose or intent that differs from the fact, that a consumer transaction involves or does not involve rights, remedies or obligations that differs from the fact, about the authority of a representative, employee or agent to negotiate the final terms of a consumer transaction if the representation differs from the fact, that uses exaggeration, innuendo or ambiguity about a material fact or that fails to state a material fact, if the effect is misleading, 2 [SBC 2004] Page 12 of 124 Quickscribe Services Ltd.
(d) (vii) that a consumer will obtain a benefit for helping the supplier to find other potential customers if it is unlikely that the consumer will obtain the benefit, (viii) that appears in an objective form such as an editorial, documentary or scientific report if the representation is primarily made to sell goods or services, unless the representation states that it is an advertisement or promotion, or (ix) to arrange for the consumer an extension of credit for a fee, unless the fee is deducted from the advance, as defined in section 57 [definitions]; a representation by a supplier about the total price of goods or services if (i) a person could reasonably conclude that a price benefit or advantage exists but it does not, (ii) the price of a unit or instalment is given in the representation, and the total price of the goods or services is not given at least the same prominence, or (iii) the supplier's estimate of the price is materially less than the price subsequently determined or demanded by the supplier unless the consumer has expressly consented to the higher price before the goods or services are supplied; a prescribed act or practice. 2004-2-4. Prohibition and burden of proof 5. (1) A supplier must not commit or engage in a deceptive act or practice in respect of a consumer transaction. (2) If it is alleged that a supplier committed or engaged in a deceptive act or practice, the burden of proof that the deceptive act or practice was not committed or engaged in is on the supplier. 2004-2-5. Advertising 6. (1) In this section, "advertiser" means a supplier who publishes advertisements. (2) An advertiser who, on behalf of another supplier, publishes a deceptive or misleading advertisement is not liable under section 171 [damages recoverable], 172 [court actions respecting consumer transactions] or 189 [offences] if the advertiser proves that the advertiser did not know and had no reason to suspect that its publication would contravene section 5. (3) An advertiser, for each advertisement accepted, must maintain a record of the name and address of the supplier who provides the advertisement. 2004-2-6. Division 2 Unconscionable Acts or Practices Application of this Division 7. Nothing in this Division limits, restricts or derogates from a court's power or jurisdiction. 2004-2-7. 2 [SBC 2004] Page 13 of 124 Quickscribe Services Ltd.
Unconscionable acts or practices 8. (1) An unconscionable act or practice by a supplier may occur before, during or after the consumer transaction. (2) In determining whether an act or practice is unconscionable, a court must consider all of the surrounding circumstances of which the supplier knew or ought to have known. (3) Without limiting subsection (2), the circumstances that the court must consider include the following: that the supplier subjected the consumer or guarantor to undue pressure to enter into the consumer transaction; that the supplier took advantage of the consumer or guarantor's inability or incapacity to reasonably protect his or her own interest because of the consumer or guarantor's physical or mental infirmity, ignorance, illiteracy, age or inability to understand the character, nature or language of the consumer transaction, or any other matter related to the transaction; that, at the time the consumer transaction was entered into, the total price grossly exceeded the total price at which similar subjects of similar consumer transactions were readily obtainable by similar consumers; (d) that, at the time the consumer transaction was entered into, there was no reasonable probability of full payment of the total price by the consumer; (e) that the terms or conditions on, or subject to, which the consumer entered into the consumer transaction were so harsh or adverse to the consumer as to be inequitable; (f) a prescribed circumstance. Prohibition and burden of proof 2004-2-8. 9. (1) A supplier must not commit or engage in an unconscionable act or practice in respect of a consumer transaction. (2) If it is alleged that a supplier committed or engaged in an unconscionable act or practice, the burden of proof that the unconscionable act or practice was not committed or engaged in is on the supplier. 2004-2-9. Remedy for an unconscionable act or practice 10. (1) Subject to subsection (2), if an unconscionable act or practice occurred in respect of a consumer transaction, that consumer transaction is not binding on the consumer or guarantor. (2) If a court determines that an unconscionable act or practice occurred in respect of a consumer transaction that is a mortgage loan, as defined in section 57 [definitions], the court may do one or more of the following: reopen the transaction and take an account between the supplier and the consumer or guarantor; despite any statement or settlement of account or any agreement purporting to close previous dealings and create a new obligation, reopen any account already taken and relieve the consumer from any obligation to pay the total cost of credit at a rate in excess of the prevailing prime rate; order the supplier to repay any excess that has been paid or allowed by the consumer 2 [SBC 2004] Page 14 of 124 Quickscribe Services Ltd.
(d) (e) or guarantor; set aside all or part of, or alter, any agreement made or security given in respect of the transaction and, if the supplier has parted with the security, order the supplier, to indemnify the consumer; suspend the rights and obligations of the parties to the transaction. 2004-2-10. Division 3 Unsolicited Goods or Services Definition and interpretation (AM) Mar 10/16 11. (1) In this Division, "unsolicited goods or services" means goods or services that are supplied to a consumer who did not request them, other than goods or services supplied to a consumer who knew or ought to have known they were intended for delivery to another person, goods or services for which the supplier does not require payment, or a prescribed supply of goods or services. (2) For the purposes of the definition of "unsolicited goods or services", a request for goods or services must not be inferred only from the passage of time or from the consumer's payment for the goods or services, (d) use of the goods or services, request to purchase another similar good or service, or inaction. 2004-2-11. Unsolicited goods or services 12. (1) A consumer has no legal obligation in respect of unsolicited goods or services unless and until the consumer expressly acknowledges to the supplier in writing his or her intention to accept the goods or services. (2) Unless the consumer has given the acknowledgement referred to in subsection (1), the supplier does not have a cause of action for any loss, use, misuse, possession, damage or misappropriation in respect of the goods or services or the value obtained by the use of the goods or services. (3) Subsections (1) and (2) do not apply to goods supplied to a consumer on a continuing basis under a contract between the consumer and supplier. (4) If it is alleged that the supplier supplied unsolicited goods or services, the burden of proof that the goods or services were not unsolicited is on the supplier. 2004-2-12; 2016-5-39,Sch 1. Material change resulting in unsolicited goods or services 13. (1) This section does not apply to a material change in services referred to in section 25 (4) [continuing services contract cancellation], and 2 [SBC 2004] Page 15 of 124 Quickscribe Services Ltd.
a change to the price of goods or services or a renewal of an existing supply of goods or services if the goods or services are not otherwise changed. (2) If a consumer is being supplied with goods or services on a continuing basis and there is a material change in the goods or services, or in the supply of the goods or services, the goods or services are deemed to be unsolicited goods or services from the time of the material change unless the supplier is able to establish that the consumer consented to the material change. (3) Subject to subsection (4), a supplier may rely on a consumer's consent to the material change if that consent is made by any method that permits the supplier to produce evidence to establish the consumer's consent. (4) A supplier does not establish a consumer's consent by providing notice to the consumer to the effect that the supplier will supply the materially changed goods or services to the consumer unless the consumer instructs the supplier not to supply the goods or services. 2004-2-13 Consumer's remedy if unsolicited goods or services 14. (1) A consumer who pays for unsolicited goods or services may give to the supplier a demand, in writing, for a refund from the supplier within 2 years after the consumer first received the goods or services if the consumer did not expressly acknowledge to the supplier in writing his or her intention to accept the goods or services. (2) A demand is sufficient if it indicates, in any way, the intention of the consumer to demand a refund of a payment made for unsolicited goods or services. (3) If a supplier receives a demand for a refund, the supplier must refund to the consumer, within 15 days after the supplier received the demand, all money received in respect of the unsolicited goods or services. 2004-2-14. 2 [SBC 2004] Page 16 of 124 Quickscribe Services Ltd.
PART 3 Rights of Assignees and Guarantors Respecting Consumer Credit Assignee's obligations 15. (1) Subject to subsection (2), an assignee of a right of a supplier in a consumer transaction has no greater right than, and is subject to the same obligations as, the assignor respecting the credit given to the consumer. (2) A consumer must not receive from, and is not entitled to set off against, an assignee of the supplier an amount greater than the balance owing on the contract at the time of the assignment. 2004-2-15. Guarantor has same rights as consumer 16. A guarantor may rely on a defence that is available to a consumer in an action commenced by a supplier against the guarantor, whether or not the consumer is a party to the action, but a guarantor must not use the infancy or bankruptcy of the consumer as a defence. 2004-2-16. 2 [SBC 2004] Page 17 of 124 Quickscribe Services Ltd.
PART 4 Consumer Contracts Division 1 Definitions and Application (AM) Nov 01/08 (AM) Nov 01/08 (AM) Nov 01/08 Definitions 17. In this Part: "continuing services contract" means a future performance contract that provides for the performance of services on a continuing basis and is designated by regulation; "direct sales contract" means a contract between a supplier and a consumer for the supply of goods or services that is entered into in person at a place other than the supplier's permanent place of business, but does not include any of the following: a funeral contract, interment right contract or preneed cemetery or funeral services contract; a contract for which the total price payable by the consumer, not including the total cost of credit, is less than a prescribed amount; a prepaid purchase card; "distance sales contract" means a contract for the supply of goods or services between a supplier and a consumer that is not entered into in person and, with respect to goods, for which the consumer does not have the opportunity to inspect the goods that are the subject of the contract before the contract is entered into, but does not include a prepaid purchase card; "funeral contract" means a contract that provides for funeral services for an infant who is stillborn, or a person who is deceased at the time the contract is entered into; "future performance contract" means a contract between a supplier and a consumer for the supply of goods or services for which the supply or payment in full of the total price payable is not made at the time the contract is made or partly executed, but does not include any of the following: a contract for which the total price payable by the consumer, not including the total cost of credit, is less than a prescribed amount; a contract for the supply of goods or services under a credit agreement, as defined in section 57 [definitions], if the goods or services have been supplied; a time share contract; (d) a prepaid purchase card; "interment right contract" means a contract that provides for a right of interment for human remains or cremated remains in a lot; "preneed cemetery or funeral services contract" means a future performance contract that provides for cemetery or funeral services for one or more persons who are alive at the time the contract is entered into; "supply date" means, in respect of a contract, the date on which goods or services will be, or will begin to be, supplied to the consumer. 2004-2-17; 2008-15-2 (B.C. Reg. 292/2008). Application 18. (1) Subject to subsection (2), if a contract meets the definition of more than one type of contract referred to in this Part, all of the applicable provisions in this Part apply to the contract unless a contrary intention appears in this Part. 2 [SBC 2004] Page 18 of 124 Quickscribe Services Ltd.
(ADD) Nov 01/09 (2) If there is a conflict or inconsistency between provisions that apply to a contract, the provision that is most beneficial to the consumer applies to the contract. (3) Part 6.1 applies instead of this Part in respect of any contract for supply, arrangement or provision of a payday loan. 2004-2-18; 2007-35-2 (B.C. Regs. 57/2009 & 171/2009). Division 2 Direct Sales, Future Performance and Time Share Contracts Required contents 19. A direct sales contract, future performance contract or time share contract must contain the following information: the supplier's name and, if different, the name under which the supplier carries on business; the supplier's business address and, if different, the supplier's mailing address; (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) Direct sales contracts the supplier's telephone number and, if available, facsimile number; the date on which the contract is entered into; a detailed description of the goods or services to be supplied under the contract; an itemized purchase price for the goods or services to be supplied under the contract; other costs payable by the consumer, including taxes and shipping charges; if any customs duties, brokerage fees or other additional charges that may apply to the contract cannot reasonably be determined by the supplier, a description of those charges; a detailed statement of the terms of payment; the total price under the contract, including the total cost of credit; if applicable, a description and dollar value of any trade-in; if credit is extended or arranged by the supplier, a description of the subject matter of any security interest in accordance with Part 5 [Disclosure of the Cost of Consumer Credit]; a notice of the consumer's rights of cancellation, in the prescribed form and manner, if any; any other restrictions, limitations or other terms or conditions that may apply to the supply of the goods or services; any other prescribed information. 2004-2-19. 20. (1) In addition to the information required under section 19, a direct sales contract must contain the name, in a readable form, of the individual who signs the contract on behalf of the supplier, the place where the contract is entered into, and the signatures of 2 [SBC 2004] Page 19 of 124 Quickscribe Services Ltd.
(i) (ii) (iii) the individual who signs the contract on behalf of the supplier, the consumer, and if applicable, the guarantor. (2) Despite section 23 (3) [future performance contract], if that section applies, a supplier must give a copy of the direct sales contract to the consumer at the time the contract is entered into. (3) A direct sales contract is not binding on a consumer if Direct sales contract cancellation the supplier does not give to the consumer a copy of the contract at the time the contract is entered into, or the supplier requires the consumer to make a down payment in excess of the prescribed amount. 2004-2-20. 21. (1) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (2) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if one or more of the following applies: the contract does not meet the requirements of sections 19 and 20 (1) [required contents of contract]; at the time the contract was made, the supplier was under a direct sales prohibition order; the goods or services to be supplied under the contract are not supplied to the consumer within 30 days of the supply date. (3) The consumer is not entitled to cancel the contract under subsection (2) if the consumer accepts delivery of the goods or services after the end of the 30-day period described in that subsection. (4) Despite section 15 (2) [assignee's obligations], if a consumer cancels a direct sales contract under this section, the supplier, within 15 days after the notice of cancellation has been given, must return to the consumer any trade-in received under a trade-in arrangement, or an amount equal to the trade-in allowance. (5) Despite section 28 (1) [return of goods by consumer on cancellation], if a consumer cancels a direct sales contract under this section, the consumer may retain possession of the goods delivered to the consumer until all money paid by the consumer is refunded, and in the case of a trade-in arrangement, until either (i) (ii) the supplier returns to the consumer, in substantially the same condition as when the supplier received them, the goods delivered by the consumer under the trade-in arrangement, or an amount equal to the trade-in allowance is paid to the consumer. (6) If a trade-in or an amount equal to the trade-in allowance is not returned to the consumer as required under subsection (4), the consumer may recover from the supplier as a debt due an amount equal to the trade-in allowance. 2 [SBC 2004] Page 20 of 124 Quickscribe Services Ltd.
(7) If a consumer receives an amount equal to the trade-in allowance, the title of the consumer in respect of the goods delivered by the consumer under the trade-in arrangement, if the title had not already passed from the consumer, vests in the person entitled to them under the trade-in arrangement. 2004-2-21. Credit agreement respecting direct sales contract 22. If credit is extended or arranged by the supplier in respect of a direct sales contract, Future performance contract the credit agreement, as defined in section 57 [definitions], is conditional on the direct sales contract, whether or not the credit agreement is a part of or attached to the direct sales contract, and if the direct sales contract is cancelled under section 21, the credit agreement is cancelled. 2004-2-22. 23. (1) This section does not apply to a future performance contract that is a preneed cemetery or funeral services contract. (2) In addition to the information required under section 19 [required contents of contract], a future performance contract must contain the following information: the supply date; the date on which the supply of the goods or services will be complete; if there are periodic payments under the contract, the amount of each of the periodic payments. (3) A supplier must give a copy of the future performance contract to the consumer within 15 days after the contract is entered into. (4) A future performance contract is not binding on the consumer if the supplier gives, or offers to give, a rebate, discount or other value to the consumer in consideration of the consumer giving to the supplier the names of prospective consumers, or otherwise aiding the supplier in making a sale to another person, and the earning of the rebate, discount or other value is contingent on the occurrence of an event after the time the consumer agrees to buy. (5) A consumer may cancel a future performance contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if the contract does not contain the information required under subsection (2) and section 19 [required contents of contract]. 2004-2-23. Continuing services contract terms BUSINESS PRACTICES AND CONSUMER PROTECTION ACT 24. (1) In addition to the information required under sections 19 and 23 (2) [required contents of contract], a continuing services contract that provides for a supplier supplying services by reference to a number of hours or a number of sessions must state the period of time, in months, over which the consumer can reasonably expect to receive the services. (2) The period of time referred to in subsection (1) must not exceed 24 months. (3) A continuing services contract must not be for a duration, including the cumulative total of all options and rights to extend or renew the contract, of more than 2 years. 2 [SBC 2004] Page 21 of 124 Quickscribe Services Ltd.
(AM) Aug 01/12 (4) Despite subsection (3), a continuing services contract may provide for the consumer renewing the contract by consenting in writing within one month of the expiry of the contract. (5) For the purpose of subsection (3), all continuing services contracts, except a contract renewed under subsection (4), that are in effect between the same supplier and the same consumer at the same time, and BUSINESS PRACTICES AND CONSUMER PROTECTION ACT provide for the performance of the same or similar services, whether or not services are being supplied concurrently under 2 or more of the contracts, are deemed to be one contract. (6) If a contract does not comply with subsection (3), the contract is not binding on the consumer in respect of the period in excess of 2 years, the supplier must refund to the consumer, within 15 days after receiving a request from the consumer, all money paid under the contract for the period in excess of 2 years, and if the supplier does not comply with paragraph, the consumer may recover as a debt due all money paid under the contract for the period in excess of 2 years. (7) In an action by the consumer against the supplier where the supplier fails to comply with subsection (6), the court must enter judgment against the supplier for 3 times the amount of any refund not paid within the time limited by that subsection. (8) For certainty, this section applies to a contract renewed under subsection (4). 2004-2-24. Continuing services contract cancellation 25. (1) A consumer may cancel a continuing services contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (2) A consumer may cancel a continuing services contract by giving notice of cancellation and the reason for the cancellation to the supplier at any time if there has been a material change in the circumstances of the consumer, or in the services provided by the supplier. (3) A material change in the circumstances of the consumer includes, without limitation, the consumer's death, a physical, medical or mental disability of the consumer, substantiated in writing by a medical practitioner or nurse practitioner showing that the consumer's continued participation is unreasonable because of the consumer's condition or is likely to endanger the consumer's health, or the relocation of the consumer for the remainder of the duration of the contract, or the remainder of the time stated in the contract in accordance with section 24, so that the distance between the consumer and the supplier is more than 30 km greater than when the consumer and the supplier entered into the contract, if the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's new location. (4) A material change in the services provided by the supplier occurs when, for reasons that are wholly or partly the fault of the supplier, the services are not completed, or at any time the supplier appears to be unable to reasonably complete the services within the period of time stated by the supplier under section 24, 2 [SBC 2004] Page 22 of 124 Quickscribe Services Ltd.
Time share contract when the services are no longer available, or are no longer substantially available as provided in the contract, because of the supplier's discontinuance of operation or substantial change in operation, or when the supplier relocates his or her facility so that the distance between the supplier and the consumer is more than 30 km greater than when the supplier and the consumer entered into the contract, and the supplier does not provide reasonably comparable alternative facilities for the use of the consumer not more than 30 km from the consumer's location. (5) Section 27 [refunds by supplier on cancellation] does not apply to a cancellation under subsection (2). (6) If a consumer cancels a continuing services contract under subsection (2), the supplier must within 15 days after the notice of cancellation has been given, refund to the consumer, (i) in the case of a cancellation under subsection (2), the portion determined in the prescribed manner of all cash payments made under the contract, less a prescribed amount on account of the supplier's costs, or (ii) in the case of a cancellation under subsection (2), the portion determined in the prescribed manner of all cash payments made under the contract, and within 30 days after the notice of cancellation has been given, return to the consumer every negotiable instrument executed by the consumer in connection with the contract. 2004-2-25; 2011-24-1 (B.C. Reg. 121/2012). 26. (1) Subject to subsection (2), a supplier must give a copy of the time share contract to the consumer at the time the contract is entered into. (2) Section 48 (1) [copy of distance sales contract] applies to the time share contract if the contract is also a distance sales contract. (3) A consumer may cancel a time share contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract. (4) Subject to any longer cancellation period prescribed, a consumer may cancel a time share contract by giving notice of cancellation to the supplier not later than one year after the date that the consumer receives a copy of the contract if the contract does not contain the information required under section 19 [required contents of contract]. 2004-02-26. Refunds by supplier on cancellation 27. Despite section 15 (2) [assignee's obligations], if a contract is cancelled under this Division, the supplier must refund to the consumer, within 15 days after the notice of cancellation has been given, and BUSINESS PRACTICES AND CONSUMER PROTECTION ACT without deduction except as provided for in this Division or in the regulations, all money received in respect of the contract, whether received from the consumer or any other person. 2004-2-27. 2 [SBC 2004] Page 23 of 124 Quickscribe Services Ltd.
Return of goods by consumer on cancellation 28. (1) If a direct sales contract, future performance contract or time share contract is cancelled under this Division, the consumer must return any goods received under the contract by delivering the goods to the person named in the contract as the person to whom notice of cancellation may be given or to the business address of the supplier (2) Subject to subsection (3), the return of the goods by the consumer under subsection (1) discharges the consumer from any obligation, in respect of the goods, arising under the contract. (3) If goods are returned by the consumer under subsection (1), the consumer is liable to the supplier for any damage to the goods caused by the failure of the consumer to take reasonable care of the goods. 2004-2-28. Division 3 Preneed Cemetery or Funeral Services, Funeral and Interment Right Contracts Definition 29. In this Division: "preneed trust account" means a trust account established by the supplier with a savings institution in British Columbia; "provider" means an operator, funeral provider or memorial dealer. Prohibition on solicitation 2004-2-29. 30. (1) A supplier must not solicit, offer for sale or sell rights of interment, cemetery services, funeral services or memorials by mail, electronic mail or facsimile that is addressed to a specific consumer at the consumer's residential address, electronic mail address or facsimile number, in person at the consumer's place of residence, or by telephoning the consumer at the consumer's place of residence. (2) Subsection (1) does not apply to a presentation by a supplier at a consumer's place of residence that was requested at least 24 hours in advance of the presentation by the consumer, or Requirement for schedule of rates a relative or friend of the consumer if that relative or friend is not the supplier or an associate of the supplier. 2004-2-30. 31. (1) A provider must keep at its business premises a price list that indicates the current prices for all goods and services that the provider currently offers to supply, 2 [SBC 2004] Page 24 of 124 Quickscribe Services Ltd.